Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Under FEMA, the meaning of "person resident in India" turned on residence for more than 182 days in the preceding financial year read with the purpose of stay. Because the respondents were in India on business visas and were carrying on business, they did not fall within the exclusionary limb of the definition, so they were treated as residents in India. As a result, the regulations governing persons resident outside India did not apply to their purchase of immovable property, and the Tribunal's setting aside of confiscation and penalty was upheld; no perversity in its findings was shown. The connected writ petition was disposed of as infructuous.
Under FEMA, the meaning of "person resident in India" turned on residence for more than 182 days in the preceding financial year read with the purpose of stay. Because the respondents were in India on business visas and were carrying on business, they did not fall within the exclusionary limb of the definition, so they were treated as residents in India. As a result, the regulations governing persons resident outside India did not apply to their purchase of immovable property, and the Tribunal's setting aside of confiscation and penalty was upheld; no perversity in its findings was shown. The connected writ petition was disposed of as infructuous.
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